Stewart v. The Darngavil Coal Co., Ltd [1902] ScotLR 39_302 (14 January 1902)

The respondents were not occupiers of the quay and therefore not undertakers within the meaning of the Workmen's Compensation Act 1897; thus, they were not liable for compensation for the accident.

Citation: [1902] ScotLR 39_302
Parties: Claimant and Appellant: Agnes Stewart; Respondents: The Darngavil Coal Company, Limited
Jurisdiction: Scotland
Judgment Date: 14 January 1902
Procedural Posture: Appeal in Arbitration Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute at Glasgow
Outcome: claim dismissed; assoilzied respondents
Legal Topics: Workmen's Compensation, Factory and Workshop Act, Definition of Occupier, Liability for Workplace Accidents

Labour Law Tort Law Workmen's Compensation Factory and Workshop Act Definition of Occupier Liability for Workplace Accidents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Agnes Stewart

Claimant and Appellant

The Darngavil Coal Company, Limited

Respondents

Procedural Posture

Appeal in Arbitration Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute at Glasgow

Legal Issues

1 Whether the respondents were undertakers within the meaning of the Workmen's Compensation Act 1897
2 Whether the quay was a factory under the relevant legislation
3 Whether the respondents were occupiers of the quay at the time of the accident

Ratio Decidendi

The respondents were not occupiers of the quay and therefore not undertakers within the meaning of the Workmen's Compensation Act 1897; thus, they were not liable for compensation for the accident.

Court Disposition

claim dismissed; assoilzied respondents

Orders

First and third questions of law answered in the negative
Dismissal of the claim affirmed